[NYAPRS Enews] New York Must Expand Mental Health Courts

[Luke Sikinyi]

NYAPRS Note: The criminalization of mental health challenges has led far too many people into the criminal justice system when they needed appropriate services, not time behind bars. People with mental health and substance use challenges are estimated to make up to 16-24%<https://psychiatry.weill.cornell.edu/research-institutes/dewitt-wallace-institute-psychiatry/issues-mental-health-policy/fact-sheet-0> of people in jails and prisons. Supporting those who are released is a critical step to preventing more people from going back to jails and prisons after re-entry, but much more must be done to prevent people from going there in the first place. Mental health first responders would reduce the number of interactions between those in mental health crisis with police, but Mental Health courts provide a viable avenue to divert those already arrested from the trauma of languishing in jails or prisons where effective mental health services are minimal. Brooklyn's Mental Health Court, which has diverted over 1,000 people from jails and prisons to mental health support services, is a great example of how effective this system could be. There are still many issues with the current system, primarily the requirement of a pleading guilty before accepting a treatment plan and the risk of time in prison for failing to adhere to the plan. Along with these and other improvements, the mental health courts must be expanded throughout New York State. The Treatment not Jail Act<https://justiceroadmapny.org/wp-content/uploads/2021/12/Treatment-Not-Jail-Campaign-FINAL.pdf#:~:text=Expands%20New%20York%E2%80%99s%20judicial%20diversion%20law%20by%20including,court%20participants%20are%20not%20jailed%20without%20due%20process.> looks to do just that by establishing Mental Health Courts to all NY counties while also allowing participants to enter treatment agreements without pleading guilty. Passage of Treatment not Jail is an essential step to reducing the number of people with mental health and substance use challenges in jails and prisons. You can support efforts to get this bill passed by contacting the coalition at tnjcoalition at gmail.com<mailto:tnjcoalition at gmail.com>. Read below for more information on Mental Health courts.


Brooklyn Mental Health Court Addressing Mental Illness in Criminal Justice System
By Lisa Rozner | CBS New York | July 18, 2023

NEW YORK -- The subway chokehold death of Jordan Neely<https://www.cbsnews.com/newyork/tag/jordan-neely/> has put a spotlight on mental illness in the criminal justice system. Neely was a subway performer who had dozens of prior arrests. His family has said he struggled with depression and schizophrenia and getting help.

CBS New York's Lisa Rozner took a closer look at a Brooklyn<https://www.cbsnews.com/newyork/tag/brooklyn/> program that mandates treatment instead of jail.

Inside Brooklyn Mental Health Court, presiding judge, Hon. Matthew D'Emic, sits among decorations, a warm touch that he says helps contribute to establishing a relationship with each participant, which is paramount.

"If you do that, then, like any relationship, you don't want to disappoint each other," said Judge D'Emic.

The court was created in 2002 to provide treatment, instead of jail time, for people with serious mental illness who committed nonviolent crimes.

"A lot of times, it's the mental illness that is behind the crime," said Kendrick. "And so if we can get people back on track and get them in treatment, then we can stop that cycle."

Organizers say to date, more than 1,000 mentally ill adults have successfully been diverted from incarceration to treatment.

There are several steps to how it works.

First, a defense attorney and district attorney must agree to refer a case to mental health court. Then, evaluations are done by a social worker and a psychiatrist, which includes a risk assessment. Third, if the defendant is shown to live with a serious mental illness and is not a public safety risk, then they are deemed eligible for the court.

Then, the district attorney and the defense attorney work out a plea deal that includes a potential prison term if the defendant fails the program. At the same time, the clinical team develops a treatment plan.

In order to begin the treatment plan, the defendant has to first plead guilty to the charges.

Project director, Ruth O'Sullivan, assigns a case manager.
"The case manager is responsible for making those referrals and scheduling the appointments," said O'Sullivan.  "If you have someone with a serious substance use disorder who also has homelessness, then the appropriate placement would probably be a residential treatment program."

Rozner asked Judge D'Emic how the court ensures a defendant gets treatment but also doesn't cause further harm to anyone else.

"We have frequent court appearances, and I know that my clinical team stays in touch with the programs really on a daily basis," said D'Emic. "And I can bring the defendant into court, advance the case to the following day and talk to them."

The judge says all of the treatment programs are voluntary and he can issue a bench warrant if participants don't comply.

Every borough has a mental health court, but numbers from the Office of Court Administration show Brooklyn consistently has the most graduates.
For example, the judge says in 2022, there were 167 referrals. Out of those, 100 became participants and 82 graduated.

Criminal defense attorney Jonathan Fink says clients are typically in the program for at least one year.

"That can be expanded if, depending on how, how the client responds," said Fink. "They have phase one, the client will get a certificate."

Advocates say lack of affordable housing is a challenge as well as health insurance, which is needed for many treatment programs.

In 2019, the nonprofit Center for Court Innovation released a video highlighting a graduate of the program named Catrice.
"Before I came to Mental Health Court, my life was pretty much in shambles. I was homeless," said Catrice, who did not share her last name. "When I graduated Mental Health Court, my life was coming together. I got employment."

"I think there should be a Mental Health Court in every state, in every county because that's what we're seeing now, this uptick in mental illness," said Kendrick.

It is expanding.

New Hampshire recently became one of a growing number of states establishing statewide guidelines for mental health courts.

Brooklyn Mental Health Court addressing mental illness in criminal justice system (msn.com)<https://www.msn.com/en-us/health/other/brooklyn-mental-health-court-addressing-mental-illness-in-criminal-justice-system/ar-AA1e2Gho>

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